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Law No. 486 Of 10 November 2004 Approving Government Ordinance No. 81/2004 On The Establishment, Organization And Operation Of Game Farms And Hunting Complexes

Original Language Title:  LEGE nr. 486 din 10 noiembrie 2004 pentru aprobarea Ordonanţei Guvernului nr. 81/2004 privind înfiinţarea, organizarea şi funcţionarea crescătoriilor de vânat şi a complexurilor de vânătoare

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LEGE no. 486 486 of 10 November 2004 for approval Government Ordinance no. 81/2004 on the establishment, organisation and operation of game farms and hunting complexes
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.078 1.078 of 19 November 2004



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 81 81 of 19 August 2004 on the establishment, organisation and operation of game farms and hunting complexes, adopted pursuant to art. 1 1 section II.4 of Law no. 291/2004 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 795 of 27 August 2004, with the following amendments: 1. Article 3 shall read as follows: "" Art. 3. -After the purpose for which they are established, the game farms may be: a) the breeders of venison intended for the production of selected biological material, for the actions of folk and restocking of hunting funds with game; b) game breeders intended for the intensive breeding of specimens of game species, in order to capitalize on the products obtained. " 2. Paragraph 2 of Article 5 shall read as follows: "(2) The land on which the hunting breeders are established and the hunting complexes shall change their use and destination according to the law." 3. Article 6 shall read as follows: "" Art. 6. -The legal regime of specimens of game species from game farms and hunting complexes is different, from the point of view of the hunting period, from the legal regime of specimens of the free game species, namely the hunting species. the one subject to the management of the hunting funds, in accordance with the provisions Law no. 103/1996 , republished, and of the technical regulations issued in application of the law. " 4. The title of Chapter II shall read as follows: "" CHAPTER II Authorization of establishment and exploitation of game farms and hunting complexes " 5 paragraphs 1 and 3 of Article 7 shall read as follows: "" Art. 7. -(1) The central public authority responsible for forestry authorizes the establishment of hunting and hunting complexes, at the request of natural and legal persons who wish to establish and operate them. ........................................................................................ (3) The application for authorization for the establishment of a hunting or hunting complex shall be accompanied by the following documents: a) the constitutive act and the statute of the company; the conclusion of the judge-delegate from the trade register office/the court decision establishing or, as the case may be, the judicial decision to acquire the legal personality; registration, as the case may be, in the trade register or in the Register of associations and foundations; the authorization and registration documents, in the case of the b) the act by which the applicant proves that he has the right to use that land for the establishment and operation of the game or hunting complex, as the case may be, such as: title, concession contract and other documents provided by the legislation in force; c) the act by which the applicant provides proof of the agreement of the hunting fund manager in whose territorial area the game or hunting complex is established, where the applicant is other than the manager of the fund of hunting or land owner; d) the specialized study on the establishment and operation of the game farm or hunting complex, having the content of a technical project, drawn up in accordance with the legal regulations in force; e) the environmental impact assessment, with a favourable opinion from the competent environmental authority. " 6. The title of Chapter III shall read as follows: "" CHAPTER III Operation of game farms and complexes hunting " 7. Article 11 shall read as follows: "" Art. 11. -(1) Game crescers and hunting complexes established for the purpose of providing biological material necessary for the actions of popular hunting funds operate on the basis of technologies appropriate to the preservation of wild character of specimens of species in game farms and hunting complexes, so that they easily adapt to the natural living environment in the hunting funds. (2) The establishment is carried out by field categories with conditions compatible to those existing in the natural living environment of game species. (3) The activity is coordinated by a specialist in the field of hunting. (4) The hunting complexes will be made of two distinct spaces, with the possibility of strict control of the exchange between them: a) the space for the actual multiplication of the game, which may in turn be divided into several subunits, depending on the species and the chosen growth technology; b) the space for the harvesting of the game, arranged accordingly to the modalities for which the harvesting is organized. " 8. Article 13 shall read as follows: "" Art. 13. -(1) For the shooting collection of game specimens from the complex, the owner of the hunting complex may authorize any person who holds a gun permit and uses the hunting weapon whose characteristics correspond to the requirements of harvesting for that species. (2) The organization and practice of extraction or exploitation of hunting specimens from a hunting complex shall be made according to its specific own rules, drawn up in accordance with the legal provisions in force. (3) In order to avoid the occurrence of accidents, as well as for the records of the harvested game, the regulations issued by the central public authority responsible for forestry, relating to: a) protection of work in hunting actions; b) the characteristics of weapons and ammunition that can be used in hunting, if harvesting is done with hunting weapons; c) breeds of dogs admitted to hunting; d) evaluation of game trophies. (4) In particular situations, such as injuries, epizootic and the like, and in situations where the game is harvested alive, means shall be used which do not harm the animal/animals and only with the approval of the central public authority responsible of forestry. " 9. Article 15 shall read as follows: "" Art. 15. -(1) For the purpose of holding, at national level, a statistical record related to the management of game specimens from game farms and hunting complexes, their holders will transmit the data requested by reporting forms. official statistics. (2) The entry of the venison specimens into the game farms and hunting complexes, as well as the exit from them shall be made on the basis of the legal documents of provenance of the game. The type and their model shall be established by order of the central public authority responsible for forestry. " 10. Article 16 shall read as follows: "" Art. 16. -Failure to comply with art. 10 10 lead to the withdrawal of the operating authorization by the central public authority responsible for forestry. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 10, 2004. No. 486. --------